Allowed

Abhimanyu Bag v. State of Odisha

Orissa HC26 Aug 2022BLAPL/247/2022

Case brief

AI extract

What is this about?

This bail application by an NDPS accused, detained since November 2021, was allowed. The court noted apprehension based solely on a co-accused's statement and the petitioner's release on the same footing as other co-accused. Bail was granted with conditions to appear before the trial court.

What did the court decide?

Petitioner released on bail on terms to appear before the trial court; custody resumed on default.

Abhimanyu Bag Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.247 of 2023

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Sridhar Khillo @ Shidhara Khilla

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…. Petitioner

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Mr. A. Mohanty, Advocate

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-versus-

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…. State of Odisha Opposite Party Mr.S.K.Mishra,

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Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

01.2.2023.

This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

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The Petitioner is in custody since 16^th November, 2021, in connection with Chitrakonda P.S. Case No.73/2021 corresponding to G.R. Case No.56/2021 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri, for the alleged commission of the offence under Sections 20(b)(ii)(C) of the NDPS Act.

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The Petitioner’s prayer for bail was rejected earlier by this Court as per order dated 19^th May, 2022 passed in BLAPL No.4023/2022. The present application has been filed on the

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ground that in the mean time two co-accused persons have been released on bail as per orders passed by this Court in BLAPL Nos.10590 and 7024 of 2021.

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It is submitted that the Petitioner stands on the same footing. It is further submitted that the Petitioner was apprehended nearly five months after the occurrence entirely on the basis of the statement of the co-accused. There is no evidence showing his complicity in the alleged occurrence.

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Taking into consideration all the above facts as also the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial Court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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Abhimanyu Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abhimanyu Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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